School Bus Conflict Mediation Mp3

Title of Conflict: School Bus Incident with Fifth Graders

Date of Mediation Session: March 20, 2008

Description of Disputants

First Disputant: First Disputant is a fifth grade student that possesses a rather edgy attitude.  She does not particularly care for the feelings of others, and could care less what others think or say about her.  She is pushy, arrogant, and aggressive.  First Disputant enjoys being with her friends, and likes to sit in the back of the bus with them on the way to school.  First Disputant rides the same bus to school as Second Disputant.

Second Disputant: Second Disputant is a worrisome fifth grader that takes the bus to school.  She fears for her safety not only on the school bus but in the classroom as well.  She witnessed her mother stabbed with a knife in a mall parking lot at a younger age, and had to stop the bleeding with her hand while waiting for an ambulance to arrive.  She now has a difficult time trusting adults with her safety.  Second Disputant typically avoids confrontations at all costs.

Disputant Summaries and Clarifications

First Disputant’s Story: First Disputant claims she got into a small fight with Second Disputant on the bus.  During this confrontation, First Disputant pulled a toy knife on Second Disputant.  According to First Disputant, the fight was not that big of a deal, because other kids get into fights all the time.  The knife is no longer in the possession of First Disputant, and she is unsure of the knife’s whereabouts.  The disputant suggested the bus driver might have picked it up.

Clarifying Questions Asked of First Disputant:

1)    Asked by mediator:  Is there anything else that you would like to add to your summary?  (First Disputant again claims the fight was not that big of a deal.)

2)    Asked by Second Disputant: Do you have any idea what may have happened to the toy knife? (First Disputant claims she doesn’t know what happened, and again reiterates the knife is just a toy.)

Second Disputant’s Story: Second Disputant claims First Disputant pulled a real knife on her, and it was the first time she had ever seen a knife on a bus.  Second Disputant would later state that she bumped into First Disputant accidentally when the bus hit a bump in the road, at which point First Disputant pulled a real knife.

Clarifying Questions Asked of Second Disputant:

1)    Asked by mediator:  You state that First Disputant pulled a knife on you – how did this situation occur? (Second Disputant claims she was getting on the bus with First Disputant and bumped into her accidentally when the bus hit a bump in the road.  Then, First Disputant pulled out a knife and started jabbing it at Second Disputant.  At this point, Second Disputant had to push away First Disputant.)
2)    Asked by mediator:  With your family history with knives, how did it feel when First Disputant pulled a knife on you? (Second Disputant claims she was scared to death and she doesn’t feel safe anywhere.  She is particularly afraid of riding the bus.)

Possible Solutions Offered

1)    First Disputant offers the solution that Second Disputant does not ride the bus anymore.
2)    Second Disputant offers the solution that First Disputant does not ride the bus anymore.
3)    First Disputant thinks that if the two students stayed away from each other on the bus, future conflicts can be avoided.
4)    Second Disputant wants to sit in the back of the bus to be certain that no one is sitting behind her, resulting in optimal safety.  First Disputant would then sit in the front to avoid contact with Second Disputant.
5)    Second Disputant will sit in the front of the bus near the driver and First Disputant will sit in the back of the bus.  The two will avoid each other at all times.  Second Disputant will also take a meeting with a separate individual, Ms. Preston, to further discuss safety issues.

Statement of Resolution Package

First Disputant will sit in the back of the school bus and will stay as far away from Second Disputant as possible while on the bus.  The two will also avoid bumping into each other.  Second Disputant will sit in the front of the bus near the bus driver.  Furthermore, Second Disputant will have a meeting with Ms. Preston to discuss school safety issues.  Both disputants agreed to this resolution package about 37 minutes into the mediation session.

Narrative Critique of the Mediation

The mediation was difficult yet was able to produce positive results.  The disputants entered the mediation with harsh feelings for one another, but left the mediation with a resolution that was mutually acceptable.  Their feelings towards one another may not have changed; however, future conflicts between the two disputants may be avoided with their resolution package.

From the beginning, the mediator attempted to create an environment where putdowns and interruptions were not acceptable.  The mediator made it clear that the goal was not to place blame on one another or to entirely change feelings about the other disputant.  The goal, instead, was to come to an agreement that was satisfactory for both parties so that confrontations could be avoided in the future.  The mediator attempted to conduct a transformative mediation, where the goal is a “long-lasting change in how the disputants approach and deal with conflict” (Foster).  The mediator attempts to remain impartial throughout the proceedings, attempting to bring “empowerment and recognition to the resolution process, not opinions or advice” (Foster).

The disputants struggled to maintain a positive outlook during the mediation.  Second Disputant was particularly vocal, often times interrupting First Disputant as well as the mediator.  Second Disputant also repeated herself numerous times during the process, constantly reiterating that First Disputant pulled a knife on her.

The behavior of Second Disputant made it more difficult for the mediator to follow his intended course of action.  The mediator sought for a disputant to share her story, followed by clarifying questions by the other party.  Then, the other disputant would share her story, followed by clarifying questions by the other party. The consistent interruptions by each disputant threw the mediation off-course at times, and the mediator struggled with sticking to his intended course of action.  With that being said, the mediator asked clarifying questions of each disputant based on the concerns of each party.  While this was not the intended course of action by the mediator, it was necessary and effective due to the disputants not directly voicing their concerns to one another.

Nevertheless, the consistent interruptions and non-direct confrontations eventually led to a successful, mutually acceptable resolution: the disputants would sit in different areas of the bus and would avoid each other at all times.  This resolution was evident from the beginning of the mediation, and it appeared that the two fifth-grade disputants merely needed time to vent their frustrations about one another and their argument.  Nothing went particularly smooth during the mediation, as each disputant was very frustrated and struggled to respect the viewpoint of the other individual.  Still, after much mediating, the disputants realized that co-existing on the school bus would have to be resolved, and an agreement was reached.

Improvements could have been made to this process.  There were no consequences to interrupting one another, which is a violation of the mediation rules.  Certain consequences should be applied in the future, as each disputant struggled with this aspect of the process.  Furthermore, the mediator needs to make sure clarifying questions are asked by each disputant.  True, the disputants were rude and never confronted each other directly, but the mediator needs to do a better job of maintaining order and focus. 

References

Foster, Karen. A Study in Mediation Styles: A Comparative Analysis of Evaluative and Transformative Styles. Mediate.com. June 2003.

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